The deft organization is hereby sentenced to
probation for a term of 2 years w/standard and special conditions; A
Special Assessment is imposed in the amount of $400.00; Fine of
$70,546.62; and Restitution of $300,000.00. Deft organization paid the
$300,000.00 restitution in full at the time of the plea on 8/22/2003,
and shall be credited for those payments. The fine of $70,546.62 remains
outstanding and shall be paid in the following maner: $28,000.00 due on
or before 4/1/2004; $14,000.00 due on or before 10/1/2004; $14,000.00
due on or before 2/1/2005; and $14,546.62 due on or before 10/1/2005.

Highest Offense Level (Opening)

Felony

Terminated Counts

Disposition

None

Highest Offense Level (Terminated)

None

Complaints

Disposition

None

Plaintiff

USA

represented by

Steven A. Tyrrell United States Department of Justice
1400 New York Avenue, N.W.
Suite 4100
Washington, DC 20530
202-353-9350
Email: Steve.Tyrrell@usdoj.gov
LEAD ATTORNEYATTORNEY TO BE NOTICED

Certificate of Service by USA as to Avery Leasing, Inc. (Pericak, William) (Entered: 02/24/2004)

03/01/2004

11

Minute
Entry for proceedings held before Judge David N. Hurd :Sentencing held
on 2/27/2004 in Albany, NY. for Avery Leasing, Inc. (1), Count(s) 1,
Fined the sum of $70,546.62 on Ct. 1 of the Information. $28,000.00 due
by 4/1/04; $14,000.00 due by 10/1/04; $14,000.00 due by 2/1/05;
$14,546.62 due by 10/1/05. App. David Grable for Govt, John A. Smietanka
for deft. (Court Reporter Bonnie Buckley.) (cmr, ) (Entered:
03/01/2004)

03/05/2004

12

JUDGMENT
as to Avery Leasing, Inc. (1), Count(s) 1, The deft organization is
hereby sentenced to probation for a term of 2 years w/standard and
special conditions; A Special Assessment is imposed in the amount of
$400.00; Fine of $70,546.62; and Restitution of $300,000.00. Deft
organization paid the $300,000.00 restitution in full at the time of the
plea on 8/22/2003, and shall be credited for those payments. The fine
of $70,546.62 remains outstanding and shall be paid in the following
maner: $28,000.00 due on or before 4/1/2004; $14,000.00 due on or before
10/1/2004; $14,000.00 due on or before 2/1/2005; and $14,546.62 due on
or before 10/1/2005. . Signed by Judge David N. Hurd on 3/4/2004. (see, )
Modified on 3/5/2004, served on 3/5/2004. (see, ). (Entered:
03/05/2004)

03/29/2004

Receipt
for Payment as to Avery Leasing, Inc., payment of Special
Assessment/Restitution totaling $28,400.00 (S.A. for $400.00;
Restitution for $28,000.00), receipt number 74855 (see) (Entered:
03/29/2004)

05/24/2006

13

Petition
& ORDER discharging Avery Leasing, Inc., from probation & that
the proceedings in the case be terminated. Signed by Judge David N. Hurd
on 5/22/2006. (see) (Entered: 05/24/2006)

05/24/2006

Served a copy of the 13 Petition & Order on Atty Smietanka by regular mail on 5/24/2006. (see) (Entered: 05/24/2006)